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State v. Afanador

Superior Court of New Jersey, Appellate Division

June 26, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
ANTHONY A. AFANADOR, a/k/a ANIBAL AFANADOR and ALEX DELGADO, Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted September 20, 2012

On appeal from the Superior Court of New Jersey, Law Division, Cumberland County, Indictment No. 09-12-1019.

Joseph E. Krakora, Public Defender, attorney for appellant (Michele A. Adubato, Designated Counsel, on the brief).

Jeffrey S. Chiesa, Attorney General, attorney for respondent (Joseph Glyn, Deputy Attorney General, of counsel and on the brief).

Before Judges Sapp-Peterson and Nugent.

PER CURIAM

A jury convicted defendant, Anthony A. Afanador, of first-degree armed robbery and related weapons offenses arising out of the robbery of a gas station attendant. At sentencing, the court sentenced defendant as a persistent offender and imposed an extended term of imprisonment of thirty years with an 85% period of parole ineligibility pursuant to the No Early Release Act, N.J.S.A. 2C:43-7.2.

On appeal, defendant argues:

POINT I
THE ADMISSION OF CERTAIN HEARSAY EVIDENCE OF DETECTIVE CAPELLI WAS IMPROPER AND DEPRIVED DEFENDANT OF HIS CONSTITUTIONAL RIGHT TO CONFRONT THE WITNESSES AGAINST HIM. (NOT RAISED BELOW).
POINT II
TESTIMONY BY SHAW[N] LAND THAT HIS VEHICLE WAS DAMAGED WHEN A GIRL RIDING IN DEFENDANT'S VEHICLE HIT IT WITH A BASEBALL BAT WAS IMPROPER N.J.R.E. 404(b) EVIDENCE THAT SHOULD HAVE BEEN EXCLUDED FROM EVIDENCE.
POINT III
TESTIMONY REGARDING THE IN-COURT AND OUT-OF-COURT IDENTIFICATION OF MR. AFANADOR SHOULD NOT HAVE BEEN ADMITTED INTO EVIDENCE.
POINT IV
DETECTIVE CAPELLI'S TESTIMONY THAT THROUGH A SEARCH IN THE POLICE IN-HOUSE COMPUTER SYSTEM HE LOCATED DEFENDANT WAS GROSSLY PREJUDICIAL AND SHOULD HAVE BEEN STRICKEN FROM THE RECORD.
POINT V
THE DISCRETIONARY EXTENDED TERM SENTENCE IMPOSED UPON THE DEFENDANT OF THIRTY (30) YEARS WITH [AN] 85% PAROLE INELIGIBILITY WAS EXCESSIVE AND SHOULD BE MODIFIED AND REDUCED. (NOT RAISED BELOW).

Based upon our review of the record and applicable law, we are not persuaded by any of defendant's challenges. We therefore affirm ...


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